Procedures for correcting Certificate of land use rights that have been issued in Vietnam from August 1, 2024

Procedures for correcting Certificate of land use rights that have been issued in Vietnam from August 1, 2024 (Image from Internet)

Procedures for correcting Certificate of land use rights that have been issued in Vietnam from August 1, 2024

Article 45 of Decree 101/2024/ND-CP stipulates the procedures for correcting Certificate of land use rights that have been issued in Vietnam from August 1, 2024, as follows:

(1) The submission of the application is carried out as follows:

- In case the competent authority specified in Article 136 of Land Law 2024 detects errors in the issued Certificate, they shall notify the Certificate holder and request the submission of the original issued Certificate for amendment;

- In case the Certificate holder detects errors in the first issued Certificate, they shall submit the application as specified in (2) to the application-receiving authority specified at point a, clause 1, Article 21 of Decree 101/2024/ND-CP. The application-receiving authority shall issue a Receipt of Application and schedule the result return for the applicant and transfer the application to the competent land management agency;

- In case the Certificate holder detects errors in the issued Certificate when carrying out the procedure for registration of land changes, land-attached assets, they shall submit the application as specified in (2) to the application-receiving authority specified in clause 1, Article 21 of Decree 101/2024/ND-CP.

The application-receiving authority shall issue a Receipt of Application and schedule the result return for the applicant. If the application-receiving authority is specified at point a, clause 1, Article 21 of Decree 101/2024/ND-CP, it shall transfer the application to the Land Registration Office in Vietnam.

(2) The application submitted when carrying out the procedure for correcting the issued Certificate in the case of land users, asset owners detecting errors in the issued Certificate includes:

- Application for registration of land changes, land-attached assets according to Form No. 11/DK issued together with Decree 101/2024/ND-CP;

- Original issued Certificate;

- Documents proving the errors in the information of the Certificate holder compared to the information at the time of amendment request or errors in the information regarding parcel, land-attached assets compared to the information on the issued Certificate;

- In case the land user, asset owner carries out the procedure through a legal representative as per civil law, there must be a document of authorization as per civil law.

(3) In case the first issued Certificate has errors, the competent land management agency shall:

- Notify the Land Registration Office to transfer the Certificate issuing application to the competent land management agency;

- Check the application, make a record concluding the content and cause of errors;

- Submit to the competent authority specified in clause 1, Article 136 of Land Law 2024 for confirmation of the amendment content on the issued Certificate or issuance of a new Certificate of land use rights, ownership of land-attached assets;

- Transfer the application to the Land Registration Office for adjustment and update of land changes in cadastral records, land database, and hand over the Certificate of land use rights, ownership of land-attached assets, or send to the application-receiving authority for handing over to the Certificate holder.

(4) In case the issued Certificate has errors when carrying out the procedure for registration of land changes, land-attached assets, the Land Registration Office shall:

- Check, make a record concluding the content and cause of errors;

- Confirm the amendment content on the issued Certificate or issue a new Certificate of land use rights, ownership of land-attached assets;

- Adjust and update land changes in cadastral records, land database, and hand over the Certificate of land use rights, ownership of land-attached assets, or send it to the application-receiving authority for handing over to the Certificate holder.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE